United States v. Restrepo Aguilar

LYNCH, Circuit Judge.

Augusto Restrepo-Aguilar pleaded guilty to a charge of unlawful reentry into the United States after deportation. At sentencing, the district court added 16 offense levels under U.S.S.G. § 2L1.2(b)(2) to Restrepo-Aguilar’s Guidelines sentence, based on a finding that he had been previously “deported after a conviction for an aggravated felony.” The sole issue presented is whether the term “aggravated felony” as used in § 2L1.2(b)(2) of the Guidelines includes as a “felony” a state drug possession offense that would be only a misdemeanor under federal law, but is a felony…